Intuition or Proof: The Social Science Justification for the Diversity Rationale in Grutter v. Bollinger and Gratz v. Bollinger
49 Pages Posted: 24 Oct 2010
Date Written: 2006
The diversity rationale accepted by the Supreme Court as a justification for affirmative action programs rests, in part, on the empirical claim that racial diversity enhances education. This article considers the social science presented in the Michigan affirmative action cases and suggests that it may not conclusively demonstrate that increasing numeric racial diversity leads to improved education. Nonetheless, the United States Supreme Court appears to have found that as a matter of fact diversity enhances education. This Article questions the propriety of such appellate fact finding and suggests that the Supreme Court's approach improperly resulted in the constitutionalization of a debated factual issue.
Keywords: Constitutional Law, Equal Protection Clause, Affirmative Action
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